PEREK HA'PEAH NITNIS
1)

AVOIDING ENDANGERING THE POOR (Yerushalmi Peah Halachah 1 Daf 20a)

îùðä [ãó ë òîåã à] äôéàä ðúðéú áîçåáø ì÷ø÷ò áãìéú åáã÷ì áòì äáéú îåøéã åîçì÷ ìòðééí

(a)

Mishnah: Peah is given from crops connected to the ground, but for hanging vine branches and date palms, the owner brings down (the fruit) and distributes it to the poor. (One should only leave fruits that are not dangerous for the poor to pick - otherwise, he should pick them himself and give them to the poor.)

øù"à àó áçéìå÷é àâåæéí

(b)

(R. Shimon): The same is true for smooth nut trees (as they are also dangerous to climb).

àôéìå úùòéí åúùòä òðééí àåîøéí ìçì÷ åà' àåîø ìáåæ ìæä ùåîòéï ùàåîø ëäìëä

(c)

Even if 99 poor people say that the landowner should divide it and one poor man asks that he should leave it for the poor to divide, they listen to him, as he spoke according to the law.

åáãìéú åáã÷ì àéðå ëï àôéìå úùòéí åúùòä àåîøéí ìáåæ åàçã àåîø ìçì÷ ìæä ùåîòéï ùàîø ëäìëä

(d)

This is not the case for a vine on a lattice and a datepalm - even if 99 say that he should leave it for them to divide and one said that the landowner should divide, they listen to him, as he spoke according to the law.

âîøà ëúéá (åé÷øà éè) ìà úëìä ôàú ùãê îëàï ùäôàä ðéúðú áîçåáø ì÷ø÷ò

(e)

(Gemara): The pasuk states (Vayikra 19:9), "you shall not fully reap the corner of your field" - this teaches that Peah is given while still attached to the ground (and is taken directly by the poor, rather than the owner cutting it and dividing it).

éëåì àôéìå áãìéú åáã÷ì úìîåã ìåîø ÷öéø îä ÷öéø îéåçã ùä÷èï îåùì áå ëâãåì éöàå äãìéú åäã÷ì ùàéï ä÷èï îåùì áå ëâãåì

(f)

Perhaps you could say that this includes a vine on a lattice and a date palm? The pasuk says, "harvest" - a minor can harvest like an adult - this excludes a vine on a lattice and a date palm that cannot be reached by a minor like an adult.

àéú ãáòé îùîòéðà îï äãà (ùí) úòæåá äðç ìôðéäí úáåàä á÷ùä úìúï áòîéø [ãó ìã òîåã á (òåæ åäãø)] úîøéí áîëáãåú

(g)

Some wish to learn this law from the next pasuk (Vayikra 19:10), "you shall leave (them for the poor person and for the stranger)" - leave it in front of them and they will take it themselves - leave the grain in its stalk, the fenugreek in its ears and dates on in their clusters.

éëåì áãìéú åáã÷ì ëï ú"ì (åé÷øà éè) àåúí

1.

I could think that this also applies to a vine on a lattice and to a date palm; so that pasuk says "(you shall leave) them" (but you must divide up the fruits from a vine on a lattice and a date palm.)

îä øàéú ìøáåú àú àìå åìäåöéà àú àìå àçø ùøéáä äëúåá åîéòè îøáä àðé àú àìå ùàéðï ùì ñëðä åîåöéà àðé àú àìå ùäí ùì ñëðä

2.

Why include this (grains/fenugreek/dates) and exclude that (vine on a lattice/datepalm)? It is logical to include those that do not involve danger (and leave the poor to take themselves) and exclude those that involve danger (and instead divide for them).

îçåáø åàéðå îçåáø àéï úéîø îçåáø ÷åøà ùí ôéàä ìîòìï àéï úéîø àéðå îçåáø ÷åøà ùí ôéàä ìîèï àéï úéîø ÷åøà ùí ôàä ìîòìï äåöàä îùì òðééí àéï úéîø ÷åøà ùí ôàä ìîèï äåöàä îùì áòì äáéú

(h)

If the obligation applies when it is still attached, he should declare it Peah and from the gifts to the poor, he should deduct the charge for lowering down the fruit; if it is not considered attached, he should declare it Peah when it has been lowered and he cannot deduct the charge from their gifts.

àôé' úéîø ÷åøà ùí ôàä ìîòìï äèøéçå òì áòì äáéú ùúäà äåöàä ùìå îôðé äñëðä

(i)

Rebuttal: Even if he declares it Peah when still attached, we required the owner to spend his money lowering the fruits, in order to make them available to the poor without danger.